They cite “religious freedom” and the First Amendment right “to worship our creator without the obstruction of the government” in urging Panetta to clarify the decision to reverse a 2003 decision authorizing use of the official trademarked symbols of the U.S. Army, Navy, Air Force and Marines.

“As you are aware, the Military Religious Freedom Foundation (MRFF) is claiming responsibility for the revocation of permission by B&H Publishing group to use official emblems on its military-themed Bibles,” the letter says.

B&H Publishing is a division of Nashville-based LifeWay Christian Resources associated with the Southern Baptist Convention.

In a statement accompanying the letter, Rep. Nunnelee refers to the MRFF as an “atheist group” and says that “the military should not be succumbing to pressure from outside groups to alter longstanding policy.”

The group’s founder, Michael L. “Mikey” Weinstein, a Jewish graduate of the U.S. Air Force Academy and a lawyer, calls the characterization “actionable.”

Weinstein, a former military lawyer who worked in the Reagan White House, said yesterday that the civil liberties group represents 28,414 members of the armed services, 96% of whom are “practicing Christians,” who object to proselytizing by representatives of one fundamentalist Christian sect. They believe some in the military are indoctrinating subordinates while holding the constitutional separation of church and state in contempt. Some fear retaliation for speaking out and ask MRFF to speak for them, he said.

He noted that the Bibles they object to are a Protestant version with Scripture recognized by Roman Catholic and Orthodox Christians removed. The Bibles also contain advertising for the Officers’ Christian Fellowship, an organization that says it seeks “to glorify God by uniting Christian officers for biblical fellowship and outreach, equipping and encouraging them to minister effectively in the military society.”

A U.S. Naval Academy chapter website says its “vision” is “a spiritually transformed military, with ambassadors for Christ in uniform, empowered by the Holy Spirit.”

Weinstein said MRFF members are not outsiders but insiders objecting to unconstitutional official acts. “To Congressman Nunnelee: if you call us an atheist organization again, I’m going to sue you,” he said in phone call from Albuquerque.

In one area, however, he said he agrees with the letter writers. He, too, would like to know how the decision to revoke the permission was made. Letters from senior military officials in the Air Force, Army and Navy indicate the decision was made last fall, before the MRFF wrote to Panetta objecting to the use of the insignia but after it made Freedom of Information Act records requests. The Air Force’s letter states the revocation occurred “for reasons unrelated to your inquiry.”

Messages left yesterday with the Office of the Secretary of Defense were not immediately returned. LifeWay spokesman Marty King, in a statement, said the company was notified that the authorization granted in 2003 had been withdrawn. King said the company’s existing inventory had been sold and that the new military-themed Bibles have “generic” insignia.

In letters to Panetta and the secretaries of the military branches in January, MRFF’s San Francisco-based lawyer, Katherine S. Ritchey, explained what she said is a violation of the establishment clause of the First Amendment in the endorsement or implied endorsement of a religious symbol by the U.S. government. She explained that under U.S. Supreme Court rulings dating to 1971, government action touching on religion must have a secular purpose.

“The prominent placement of the Army emblem on such a profound religious instrument reveals an intent to convey a message of endorsement of religion,” Ritchey wrote. “That the emblem’s placement does not serve any logical secular purpose further underscores this point.”

Paul W. Dodd of Austin, Texas, who retired as a U.S. Army chaplain with the rank of colonel, said chaplains have always shared Scripture with service members “and nothing in the law restricts that as long as that right is secured for those of all faiths, not just the Judeo-Christian faith.” Dodd, who moved from the Southern Baptist to the American Baptist tradition, said “the very idea of a military Bible” is a “clear and unconstitutional overreach of the federal government into religion.”

Peter Montgomery, a spokesman for People for the American Way, which promotes the idea of the constitutional separation of church and state, said the members of Congress who wrote the letter are “manufacturing a controversy for political purposes and trying to blame the Obama administration for a threat to religious liberty that doesn’t exist.”

He added: “Nobody is preventing servicemen from getting Bibles or reading Bibles.”

The First Amendment Center is an educational organization and cannot provide legal advice.

Ken Paulson is president of the First Amendment Center and dean of the College of Mass Communication at Middle Tennessee State University. He is also the former editor-in-chief of USA Today.

Gene Policinski, chief operating officer of the Newseum Institute, also is senior vice president of the First Amendment Center, a center of the institute. He is a veteran journalist whose career has included work in newspapers, radio, television and online.

John Seigenthaler founded the Newseum Institute’s First Amendment Center in 1991 with the mission of creating national discussion, dialogue and debate about First Amendment rights and values.

About The First Amendment Center

We support the First Amendment and build understanding of its core freedoms through education, information and entertainment.

The center serves as a forum for the study and exploration of free-expression issues, including freedom of speech, of the press and of religion, and the rights to assemble and to petition the government.

Founded by John Seigenthaler, the First Amendment Center is an operating program of the Freedom Forum and is associated with the Newseum and the Diversity Institute. The center has offices in the John Seigenthaler Center at Vanderbilt University in Nashville, Tenn., and at the Newseum in Washington, D.C.

The center’s website, www.firstamendmentcenter.org, is one of the most authoritative sources of news, information and commentary in the nation on First Amendment issues. It features daily updates on news about First Amendment-related developments, as well as detailed reports about U.S. Supreme Court cases involving the First Amendment, and commentary, analysis and special reports on free expression, press freedom and religious-liberty issues. Support the work of the First Amendment Center.

1 For All

1 for All is a national nonpartisan program designed to build understanding and support for First Amendment freedoms. 1 for All provides teaching materials to the nation’s schools, supports educational events on America’s campuses and reminds the public that the First Amendment serves everyone, regardless of faith, race, gender or political leanings. It is truly one amendment for all. Visit 1 for All at http://1forall.us/

Help tomorrow’s citizens find their voice: Teach the First Amendment

The most basic liberties guaranteed to Americans – embodied in the 45 words of the First Amendment to the U.S. Constitution – assure Americans a government that is responsible to its citizens and responsive to their wishes.

These 45 words are as alive and important today as they were more than 200 years ago. These liberties are neither liberal nor conservative, Democratic nor Republican – they are the basis for our representative democratic form of government.

We know from studies beginning in 1997 by the nonpartisan First Amendment Center, and from studies commissioned by the Knight Foundation and others, that few adult Americans or high school students can name the individual five freedoms that make up the First Amendment.

The lesson plans – drawn from materials prepared by the Newseum and the First Amendment Center – will draw young people into an exploration of how their freedoms began and how they operate in today’s world. Students will discuss just how far individual rights extend, examining rights in the school environment and public places. The lessons may be used in history and government, civics, language arts and journalism, art and debate classes. They may be used in sections or in their entirety. Many of these lesson plans indicate an overall goal, offer suggestions on how to teach the lesson and list additional resources and enrichment activities.

First Amendment Moot Court Competition

The First Amendment to the U.S. Constitution – the cornerstone of American democracy – is the focus of the National First Amendment Moot Court Competition. Recognized as one of the nation's finest constitutional-law competitions, this annual event features a current First Amendment controversy.

During the two-day competition in February, each team will participate in a minimum of four rounds, arguing a hypothetical based on a current First Amendment controversy before panels of accomplished jurists, legal scholars and attorneys.

Past participants in the National First Amendment Moot Court Competition have represented law schools nationwide, from Brooklyn Law School to Duke University to Arizona State to Harvard.

FIRST AMENDMENT CENTER ARCHIVES

State of the First Amendment survey reports

The State of the First Amendment surveys, commissioned since 1997 by the First Amendment Center and Newseum, are a regular check on how Americans view their first freedoms of speech, press, assembly, religion and petition.

The periodic surveys examine public attitudes toward freedom of speech, press, religion and the rights of assembly and petition; and sample public opinion on contemporary issues involving those freedoms.
See the reports.